Abstract:Job-seeking fraud not only misleads the employer to make a wrong expression of intent, but also disrupts the normal business order of the employer. Therefore, the theoretical path of job fraud dismissal includes flaws in the validity of the labor contract and disciplinary dismissal. Judicial adjudication has formed three modes of juxtaposition of the application of the above-mentioned theoretical path, i.e. mode of juxtaposition and concurrence, mode of mainly disciplinary dismissal, and that of a single labor contract effect. Based on the judgment documents, this research analyzes the current situation of judicial judgments for job-seeking fraud and dismissal in our count% theoretically reflects on the reasons for the formation of juxtaposition and concurrence mode in our country's Labor Contract Law and its judicial judgments, and points out the problems in its practice. From the perspectives of the contractual nature of labor contracts, the characteristics of labor relations, and the purpose of labor legislation, the study believes China should choose a theoretical path based on discipline and dismissal. In addition, the system of job-hunting fraud and dismissal should be improved in the following four aspects of conducting substantive review, the obligation to inform, the period in which the right of dismissal is exercised, and compensation.